Originally published 7 March 2012. This article is retained from the tCI archive. Law, policy or practice may have changed since publication.
Predicting the future is a hazardous occupation.
Back in 2005, the Institute ran a series of Seminars on the impact of the recently-implemented Freedom of Information Act on the world of consultation. “Watch out” we said “from now on, you will have to keep a meticulous audit trail of how you analyse consultation data and present the findings to decision-makers”. Soon enough, we claimed, well-organised pressure groups and other consultees would demand to see this documentation – and use the FoIA to get it.
We were wrong! There have been thousands of FoIA requests, but relatively few on consultation data. That is, until now.
So salute Richard Caulfield of the regional network, Voluntary Sector North West.
Feeling unhappy with the Office for Civil Society’s handling of consultations which ended this time last year, he submitted FoIA requests seeking copies of documents summarising consultee responses. He also asked to see any subsequent reports relating to the consultation findings and "how the consultations had informed subsequent programmes?".
He was very disappointed with the results. He cites a lack of meaningful analysis, and the absence of any discernible link between consultation responses and policy-making, and complains that “to engage over 400 organisations in a consultation and then seemingly not utilise, analyse and digest the findings is ridiculous”. In his own words, “This makes me cross beyond reason”.
At this point, we don’t know if this is a one-off. Conceivably, Richard’s account of this exercise will inspire others in the Third Sector to enquire more systematically how their contributions have been considered. Others in the environment movement, for example, can be expected to take a more aggressive stance in probing the way in which major energy and infrastructure decisions are taken - but don’t count on it.
A more likely source of FoIA requests is the media. Research quoted by IPSOS Mori in its recent submission to the Justice Select Committee suggests that about a third of all FoIA requests come from journalists, often on speculative ‘fishing’ expeditions. Few of these have focused on following-up what happened to a public consultation – and there is little doubt that they are missing a great source of stories about many aspects of public policy. Panorama has yet to deluge consultation staff with a barrage of information requests!
Does this therefore mean that staff who handle public engagement or consultation can relax ... safe in the knowledge that there aren’t many Richard Caulfields around, and that it is unlikely that they will need to provide chapter-and–verse on what happened to consultation data?
Well, actually NO.
It is not the Freedom of Information Act that has been the driving force for transparency, but the Courts - as ever more disappointed consultees have sought judicial reviews. The spate of cases in the last eighteen months shows no sign of ending, and even a cursory look at recent judgments will demonstrate how Judges are demanding access to all that Caulfield sought – and more. If decisions taken by your organisation, and the consultations that may have preceded them, are subject to legal challenge, there is no hiding place; the documents will be made available to the Court – and these could include materials which could be withheld under FoIA exemptions such as the protection of high-level Ministerial policy-making.
From 2005 to 2010, there were over 200,000 FoIA requests to central Government, and about 700,000 to local Government at a cost of about £250m. Arguments continue as to whether this has materially made us a more transparent society, improved public policy-making or strengthened accountability.
But when it comes to public consultation however, we experience a continuing degree of scepticism – even mistrust. And this can only improve if those who consult can demonstrate that they are taking consultee views really seriously. In this we have much yet to do, and Richard Caulfield’s efforts may help a little in focusing attention on this priority.
Trigger points
- Does your organisation have a satisfactory audit-trail to show what happened to the consultation data, and how it influenced policy?
- For Richard Caulfield’s account of his FoIA request.
- The Ipsos-MORI post-legislative Review of the Freedom of Information Act was published in Dec 2011.
- The Institute delivers the only one-day training course on Media Relations and Public engagement/consultation.
This is the 207th Tuesday Topic; a full list of subjects covered is available for Institute members and is a valuable resource covering so many aspects of consultation and engagement